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S T A T E O F N E W Y O R K
________________________________________________________________________
7613--B
2025-2026 Regular Sessions
I N A S S E M B L Y
April 1, 2025
___________
Introduced by M. of A. PEOPLES-STOKES, HYNDMAN, BUTTENSCHON, LUPARDO,
WIEDER, CLARK, REYES, GRIFFIN, BURDICK, McDONALD -- read once and
referred to the Committee on Higher Education -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to clarifying the
requirements for a certified public accountant
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs 2, 3 and 4 of subdivision 1 of section 7404 of
the education law, as amended by chapter 651 of the laws of 2008, are
amended to read as follows:
(2) Education: have received an education, including a bachelor's or
higher degree or a foreign equivalent [based on] FROM A PROGRAM IN
ACCOUNTANCY THAT IS REGISTERED BY THE DEPARTMENT, OR DEEMED COMPARABLE
TO A REGISTERED PROGRAM AS DETERMINED BY THE DEPARTMENT. TO MEET THE
PROFESSIONAL EDUCATION REQUIREMENTS FOR LICENSURE, THE APPLICANT SHALL
PRESENT SATISFACTORY EVIDENCE OF COMPLETION OF ONE OF THE FOLLOWING:
A. A CURRICULUM OF AT LEAST ONE HUNDRED TWENTY SEMESTER HOURS IN a
program in accountancy, [in accordance with the commissioner's regu-
lations] PROVIDED THAT THE APPLICANT SHALL SATISFY THE UNDERGRADUATE
CURRICULUM SEMESTER HOUR REQUIREMENTS FOR THE SPECIFIED SUBJECTS SET
FORTH IN THE COMMISSIONER'S REGULATIONS; OR
B. A CURRICULUM OF AT LEAST ONE HUNDRED FIFTY SEMESTER HOURS IN A
PROGRAM IN ACCOUNTANCY, PROVIDED THAT THE APPLICANT SHALL SATISFY THE
CURRICULUM SEMESTER HOUR REQUIREMENTS FOR THE SPECIFIED SUBJECTS SET
FORTH IN THE COMMISSIONER'S REGULATIONS;
(3) Experience: [have]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11185-08-5
A. 7613--B 2
PRESENT EVIDENCE OF COMPLETION OF THE FOLLOWING experience, satisfac-
tory to the board of regents and in accordance with the commissioner's
regulations:
(I) TWO YEARS OF ACCEPTABLE FULL-TIME EXPERIENCE, OR THE EQUIVALENT
THEREOF, FOR AN APPLICANT WHO IS APPLYING FOR LICENSURE ON THE BASIS OF
THE EDUCATION DESCRIBED IN SUBPARAGRAPH A OF PARAGRAPH TWO OF THIS
SUBDIVISION; OR
(II) ONE YEAR OF ACCEPTABLE FULL-TIME EXPERIENCE, OR THE EQUIVALENT
THEREOF, FOR AN APPLICANT WHO IS APPLYING FOR LICENSURE ON THE BASIS OF
THE EDUCATION DESCRIBED IN SUBPARAGRAPH B OF PARAGRAPH TWO OF THIS
SUBDIVISION;
(4) Examination: pass a written examination satisfactory to the board
and in accordance with the commissioner's regulations, PROVIDED THAT THE
REQUIRED EDUCATIONAL ATTAINMENT FOR SUCH EXAMINATION SHALL NOT BE GREAT-
ER THAN THAT SET OUT IN SUBPARAGRAPH A OF PARAGRAPH TWO OF THIS SUBDIVI-
SION, and the requirement with respect to such examination may not be
waived;
§ 2. Subdivision 2 of section 7406 of the education law, as amended by
chapter 456 of the laws of 2011, is amended to read as follows:
2. Practice privilege. a. Except as otherwise provided in subparagraph
two or three of paragraph [f] E of this subdivision, a certified public
accountant, licensed by another state [which the board of regents has
determined to have substantially equivalent certified public accountant
licensure requirements, or whose individual licensure qualifications are
verified by the department to be substantially equivalent to New York's
requirements, and in good standing], who intends to perform any of the
services in subdivision one, two or three of section seventy-four
hundred one of this article may practice public accountancy in this
state, if the certified public accountant:
(1) holds a valid license to practice public accountancy WHICH IS IN
GOOD STANDING in the other state, [and]
(2) practices public accountancy in another state that is [his or her]
SUCH CERTIFIED PUBLIC ACCOUNTANT'S principal place of business,
(3) HAS COMPLETED EITHER OF THE PROFESSIONAL EDUCATION AND EXPERIENCE
REQUIREMENTS AS DESCRIBED IN PARAGRAPHS TWO AND THREE OF SUBDIVISION ONE
OF SECTION SEVENTY-FOUR HUNDRED FOUR OF THIS ARTICLE, AND
(4) HAS PASSED THE WRITTEN EXAMINATION DESCRIBED IN PARAGRAPH FOUR OF
SUBDIVISION ONE OF SECTION SEVENTY-FOUR HUNDRED FOUR OF THIS ARTICLE.
b. The practice privilege allows such certified public accountant, who
meets the requirements of paragraph a of this subdivision to practice
public accountancy in this state.
c. An individual who has been granted practice privileges under this
section who performs any of the services in subdivision one or two of
section seventy-four hundred one of this article may only do so through
a firm which has obtained a registration under section seventy-four
hundred eight of this article. Such an individual, as well as an indi-
vidual with a New York license who does not have a principal place of
business in New York, may provide services in subdivision three of
section seventy-four hundred one of this article through a firm of
certified public accountants that does not have a registration in this
state but that holds a valid license, registration, or permit in another
state.
d. Any certified public accountant who practices in this state pursu-
ant to this section, and any firm that employs such certified public
accountant to provide such services in New York, consents to all of the
following as a condition of the exercise of such practice privilege:
A. 7613--B 3
(1) to the personal and subject matter jurisdiction and disciplinary
authority of the board of regents as if the practice privilege is a
license, and an individual with a practice privilege is a licensee;
(2) to comply with this article, the rules of the board of regents and
the regulations of the commissioner; and
(3) to the appointment of the secretary of state or other public offi-
cial acceptable to the department, in the certified public accountant's
state of licensure or the state in which the firm has its principal
place of business, as the certified public accountant or firm's agent
upon whom process may be served in any action or proceeding by the
department against such certified public accountant or firm.
e. [For purposes of this subdivision, the board of regents may deter-
mine that nationally-recognized certified public accountant licensure
requirements are substantially equivalent to New York's requirements,
such that an individual licensed in a state determined to have licensure
requirements substantially equivalent to the nationally-recognized CPA
licensure requirements, or an individual whose licensure qualifications
are determined to be substantially equivalent to the nationally-recog-
nized CPA licensure requirements, may practice under the practice privi-
lege pursuant to the requirements contained in this subdivision.
f.] (1) A person who wishes to practice public accountancy in this
state but does not meet the requirements of paragraph a of this subdivi-
sion is subject to the full licensing and registration requirements of
this article.
(2) In the event the license from the other state of the certified
public accountant's principal place of business is no longer valid or in
good standing, or that the certified public accountant has had any final
disciplinary action taken by the licensing or disciplinary authority of
any other state concerning the practice of public accountancy that has
resulted in (i) the suspension or revocation of [his or her] SUCH CERTI-
FIED PUBLIC ACCOUNTANT'S license, or (ii) other disciplinary action
against [his or her] SUCH CERTIFIED PUBLIC ACCOUNTANT'S license that
arises from (a) gross negligence, recklessness or intentional wrongdoing
relating to the practice of public accountancy, (b) fraud or misappro-
priation of funds relating to the practice of public accountancy, or (c)
preparation, publication, or dissemination of false, fraudulent, or
materially incomplete or misleading financial statements, reports or
information relating to the practice of public accountancy, the certi-
fied public accountant shall cease offering to perform or performing
such services in this state individually and on behalf of [his or her]
SUCH CERTIFIED PUBLIC ACCOUNTANT'S firm, until and unless such certified
public accountant receives written permission from the department to
resume the practice of public accountancy in this state pursuant to
subparagraph three of this paragraph.
(3) Any certified public accountant who, within the last seven years,
immediately preceding the date on which [he or she] SUCH CERTIFIED
PUBLIC ACCOUNTANT wishes to practice in New York, (i) has been the
subject of any final disciplinary action taken against [him or her] SUCH
CERTIFIED PUBLIC ACCOUNTANT by the licensing or disciplinary authority
of any other jurisdiction with respect to any professional license or
has any charges of professional misconduct pending against [him or her]
SUCH CERTIFIED PUBLIC ACCOUNTANT in any other jurisdiction, or (ii) has
had [his or her] SUCH CERTIFIED PUBLIC ACCOUNTANT license in another
jurisdiction reinstated after a suspension or revocation of said
license, or (iii) has been denied issuance or renewal of a professional
license or certificate in any other jurisdiction for any reason other
A. 7613--B 4
than an inadvertent administrative error, or (iv) has been convicted of
a crime or is subject to pending criminal charges in any jurisdiction,
shall so notify the department, on a form prescribed by the department,
and shall not practice public accountancy in this state under paragraph
a of this subdivision until [he or she] SUCH CERTIFIED PUBLIC ACCOUNTANT
has received from the department written permission to do so. In deter-
mining whether the certified public accountant shall be allowed to prac-
tice in this state, the department shall follow the procedure to deter-
mine whether an applicant for licensure is of good moral character.
Anyone failing to provide the notice required by this paragraph shall be
subject to the personal and subject matter jurisdiction and disciplinary
authority of the board of regents as if the practice privilege is a
license, and an individual with a practice privilege is a licensee, and
may be deemed to be practicing in violation of section sixty-five
hundred twelve of this title.
[g.] F. (1) Notwithstanding subparagraph two of paragraph a of this
subdivision or any other inconsistent law or rule to the contrary, a
certified public accountant licensed by another state and in good stand-
ing who otherwise meets the practice privilege requirements under this
section and files an application for licensure under section seventy-
four hundred four of this article may continue to practice under such
privilege for a period coterminous with the period during which [his or
her] SUCH CERTIFIED PUBLIC ACCOUNTANT'S application for licensure
remains pending with the department, including any period after the
certified public accountant establishes a principal place of business in
New York while [his or her] SUCH CERTIFIED PUBLIC ACCOUNTANT'S applica-
tion is pending.
(2) Nothing in this section shall limit the applicability of section
seventy-four hundred seven of this article.
§ 3. This act shall take effect twelve months after it shall have
become a law.Every fact on this page links to its source, starting with the official bill record.